The Delhi High Court strongly criticised the Centre for failing to provide a clear timeline to fill key vacancies in the National Commission for Minorities. Calling the response vague, the Court warned of strict action and sought an explanation within two weeks.
The Delhi High Court on Friday strongly criticised the Central Government for not providing a clear “timeline” to fill the vacant posts of Chairperson and members in the National Commission for Minorities (NCM), which has remained non-functional for several months.
A bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia expressed dissatisfaction over the affidavit filed by the Union Ministry of Minority Affairs. The Court noted that despite earlier directions, the Centre failed to clearly explain when the appointments would be completed. The judges directed the Deputy Secretary of the Ministry to explain this lapse within two weeks.
The Court observed that the affidavit filed by the government did not answer the specific query regarding the timeline for appointments. Expressing its displeasure, the bench remarked,
“We fail to appreciate how the averments in the affidavit describe or throw any light on the timeline which will be followed for ensuring the appointment of the chairperson and other members of the commission.”
Taking a stern view of the situation, the Court further criticised the casual manner in which its earlier orders were handled. It said,
“See how casually the court order has been taken. The court has been taken for a ride. Who is this officer? See the affidavit filed by the officer. We need to summon him and ask him what the expression timeline means. Better you summon him in your chambers,”
while addressing Additional Solicitor General Chetan Sharma.
The affidavit submitted by the Ministry only mentioned that the process for appointments had been initiated and that biodata and nominations from different sources were being reviewed. It also stated that the proposals were under examination and the matter was being actively considered by the competent authority. However, the Court found this response vague and insufficient.
The matter has now been listed for further hearing on July 3.
Earlier, on February 6, the High Court had already directed the Centre to file a “better affidavit” explaining the steps taken to fill the vacancies and to clearly specify a timeline for completing the appointment process. The Court had then observed that the status report submitted by the Ministry was “absolutely bald and vague.”
Prior to that, on January 30, the Court had raised serious concerns over the functioning of the NCM, noting that the statutory body had been without a Chairperson and members since April of the previous year. It had directed the Centre to provide detailed information on the steps being taken to fill all the vacant posts.
The case arises from a Public Interest Litigation (PIL) filed by Mujahid Nafees, who claims to be the convenor of the Minority Coordination Committee. In his petition, Nafees alleged that the government’s failure to make appointments had led to the complete breakdown of the Commission’s functioning.
The plea stated that this situation amounted to a serious administrative failure, effectively paralysing a key statutory body meant to safeguard minority rights. It argued that the absence of leadership in the Commission had rendered it ineffective and unable to perform its duties.
ALSO READ: Delhi High Court Protects Singer Kumar Sanu’s Personality Rights And Publicity Rights
The petitioner has sought directions from the Court to the Ministry of Minority Affairs to immediately begin and complete the appointment process for the Chairperson, Vice-Chairperson, and five members of the NCM, as required under the National Commission for Minorities Act. The plea also requested that the process be conducted in a transparent and time-bound manner, preferably within four weeks from the date of the Court’s order.
This case highlights growing judicial concern over delays in filling important statutory positions, especially in bodies meant to protect the rights and welfare of minority communities in India.
Click Here to Read Previous Reports on NCM Vacancies
